| Case ID |
2ad6c523-111c-474f-8d54-74b4be63474d |
| Body |
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| Case Number |
Civil Revision No.265 of 2005 |
| Decision Date |
May 23, 2006 |
| Hearing Date |
May 08, 2006 |
| Decision |
The Quetta High Court, after hearing the arguments presented by both parties, concluded that the lower courts had erred in dismissing the suit regarding the illegal dispossession of the petitioners. The court emphasized that an agreement to sell does not confer any legal title to the property and thus, a declaratory suit based solely on such an agreement was not maintainable. The court upheld that the petitioners had the right to seek relief against unlawful dispossession and directed the trial court to allow amendments to the pleadings to better reflect the actual claims of the petitioners. Consequently, the impugned judgments were set aside, and the case was remanded for further proceedings in accordance with the law, thus granting the petitioners another chance to establish their claims. |
| Summary |
In the case of Civil Revision No.265 of 2005, the Quetta High Court addressed significant issues related to property rights under the Specific Relief Act and the Civil Procedure Code. The court examined the implications of an agreement to sell and clarified that such agreements do not create any legal title or interest in the property. The case emphasized the importance of procedural justice, allowing for amendments to pleadings to ensure that the real controversies between the parties are determined. The decision highlighted the court's role in safeguarding rightful ownership and preventing illegal dispossession. The ruling serves as a critical reference for future cases involving property disputes, agreements to sell, and the rights of parties under the law. Key phrases such as 'property rights', 'Specific Relief Act', and 'Civil Procedure Code' are essential for understanding the legal framework governing such cases. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
AHMED KHAN LASHARI, J,
Mr. Justice Amanullah Khan,
Mr. Justice Akhtar Zaman Malghani
|
| Lawyers |
Iftikhar-ul-Haq,
Ehsan-ul-Haq
|
| Petitioners |
anothers,
HAZRAT ZUBAIR OBAIDUR-REHMAN FAROOQI
|
| Respondents |
4 others,
Capt. FAREEDUDDIN
|
| Citations |
2006 SLD 2211,
2006 CLC 1304
|
| Other Citations |
PLD 1976 SC 786,
Burmah Eastern Ltd. v. Burmah Eastern Employees; Union and others PLD 1967 Dacca 190,
Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
42,
54,
12,
O. VI, R. 17
|